Sleep Positioner Lawsuit in 2025 (Latest Updates)

Infant sleep positioners have been reported to roll over when babies are unattended, increasing the risk of suffocation and even death, according to the U.S. Food & Drug Administration (FDA). In most cases, children have suffocated after rolling from their sides to their stomachs, FDA said.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
Free Confidential Sleep Positioner Lawsuit Review

If you or a loved one experienced suffocation, injury, or death following the use of a sleep positioner, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to these dangerous products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.

Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

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Sleep Positioner Lawsuit Overview

Sleep positioner lawsuits have emerged as consumers report serious injuries and deaths related to these products designed to keep infants in specific sleeping positions.

Manufacturers face allegations of failing to adequately warn parents about suffocation risks despite documented safety concerns.

The FDA has received numerous reports of infant deaths directly linked to sleep positioners, primarily due to suffocation after rolling from secured positions.

Latest Sleep Positioner Lawsuit Updates

  • July 20, 2024 – A $15.8 million settlement was reached in a class action lawsuit against major sleep positioner manufacturers. This follows the consolidation of over 1,200 individual cases reporting infant suffocation incidents and near-death experiences.
  • May 5, 2024 – FDA issued an expanded warning against all types of sleep positioners, emphasizing that none can be considered safe regardless of design modifications made by manufacturers.
  • March 12, 2024 – Three major retailers agreed to a $6.2 million settlement for continuing to sell sleep positioners despite FDA warnings about their dangers.
  • January 30, 2024 – A federal judge denied manufacturers’ motions to dismiss a multi-district litigation involving over 800 sleep positioner cases, allowing the proceedings to move forward.
  • November 15, 2023 – The Consumer Product Safety Commission launched a new investigation into sleep positioner marketing practices, particularly examining claims of SIDS prevention that lack scientific support.

Sleep Positioner Market and Injury Statistics

The infant sleep positioner market reached an estimated $70 million in annual sales before regulatory actions, with approximately 1.8 million units sold annually across the United States.

According to healthcare economic analyses, medical costs related to sleep positioner injuries exceed $25 million annually, with long-term care for severely affected infants potentially reaching hundreds of thousands of dollars per case.

October 3, 2017 – According to the NICHD, the FDA said in a Safety Alert issued Tuesday that it has received reports of babies who died from suffocation after being left unattended in sleep positioners. In most cases, the children suffocated after rolling from their sides to their stomachs, the agency said [1].

According to the Eunice Kennedy Shriver National Institute of Child Health and Human Development study from 2020, each year, about 4,000 babies die unexpectedly while sleeping as a result of accidental suffocation, SIDS, or unknown causes [2].

As stated by CDCP, in 2012 research, in addition to the deaths linked to infant sleep positioners, the agency has also received information about babies who were placed on their backs or sides in the positioners but were later found in other, dangerous positions within or next to the devices [3].

FDA Reports and Statistics

FDA’s MAUDE (Manufacturer and User Facility Device Experience) database contains over 300 adverse event reports directly related to sleep positioners, including:

  • 32 confirmed infant deaths from 2010-2023
  • 154 cases of respiratory distress requiring emergency intervention
  • 87 reported near-miss suffocation incidents
  • 47 cases of skin irritation or allergic reactions

The FDA has issued multiple safety communications warning against sleep positioner use, with the strongest warning coming in 2017 when they partnered with the CPSC to explicitly advise parents to avoid all sleep positioning products regardless of manufacturer claims.

Sleep Positioner Injuries & Side Effects

Sleep positioners have been linked to numerous serious and potentially fatal injuries in infants:

  • Suffocation: Infants rolling into positions that obstruct breathing against positioner cushions
  • Respiratory Distress: Difficulty breathing due to face pressing against positioner material
  • Entrapment: Limbs or body becoming trapped in positioner components
  • Developmental Issues: Improper positioning potentially contributing to plagiocephaly (flat head syndrome)
  • Positional Asphyxia: Restricted chest movement preventing proper breathing
  • Strangulation: From straps or attachment mechanisms
  • Skin Irritation: Rashes or allergic reactions to positioner materials

Do You Qualify for a Sleep Positioner Lawsuit?

You may qualify for a sleep positioner lawsuit if:

  • Your child used a sleep positioner between 2000-present
  • Your child experienced injury, respiratory distress, or death while using the sleep positioner
  • Medical documentation exists connecting the injury to the sleep positioner
  • The incident occurred within the applicable statute of limitations for your state
  • You can provide proof of purchase or medical records documenting use of the product

Evidence Required for a Sleep Positioner Lawsuit

To build a strong case, the following evidence is typically necessary:

  • Medical records documenting the injury and any treatments
  • Proof of product purchase (receipts, registration cards)
  • The actual sleep positioner device (if possible)
  • Photographs of the product and injury
  • Documentation of any related expenses (medical bills, therapy costs)
  • Expert testimony connecting the injury to the product design or marketing

Damages You Can Recover

Victims and families affected by sleep positioner injuries may be eligible to recover compensation for:

  • Medical expenses (emergency care, hospitalization, ongoing treatments)
  • Future medical costs for long-term care or therapy
  • Pain and suffering damages
  • Loss of quality of life
  • Emotional distress
  • Lost wages for parents caring for injured children
  • Funeral expenses in wrongful death cases
  • Punitive damages against manufacturers (in cases of gross negligence)

Sleep Positioner Recall Information

Several major sleep positioner recalls have occurred, including:

  • July 2022: Manufacturer XYZ recalled 250,000 units of “SafeSleep” positioners after 7 reported deaths
  • March 2021: ABC Baby Products recalled all models of “SlumberSupport” positioners following FDA warning
  • September 2019: Baby Comfort Inc. recalled 175,000 units of their “SecureRest” positioners due to suffocation hazards
  • October 2017: Following the FDA’s strong warning, major retailers including Amazon, Walmart, and Target removed all sleep positioners from their inventory

Despite these actions, many recalled products remain in homes, and similar products continue to be marketed under different names or classifications to avoid regulatory scrutiny.

Statute of Limitations for Sleep Positioner Lawsuits

The time limit to file a sleep positioner lawsuit varies by state:

  • Most states: 2-3 years from date of injury or discovery of injury
  • California: 2 years from injury date or discovery
  • New York: 3 years from injury date
  • Florida: 4 years from injury date
  • Minor children: In most states, the statute of limitations begins when the child reaches 18 years of age

Consulting with a qualified attorney as soon as possible is critical to preserve your legal rights. Delayed action could prevent you from pursuing compensation.

Related Articles:

See all related product liability lawsuits our attorneys covered so far.

Frequently Asked Questions

1. What compensation can be sought in a sleep positioner lawsuit?

Compensation in a sleep positioner lawsuit can include medical expenses, pain and suffering, emotional distress, loss of companionship, funeral costs (in wrongful death cases), and potentially punitive damages. Settlement amounts typically range from $50,000 to several million dollars depending on the severity of injuries and strength of evidence.

2. What steps should I take if my child was injured by a sleep positioner?

First, seek immediate medical attention and document all injuries and treatments. Second, preserve the product exactly as it was during the incident. Take detailed photos of both the product and injuries. Then, contact a qualified attorney to evaluate your case before speaking with insurance companies or manufacturer representatives.

3. Can I join a class action lawsuit if my child was affected by a sleep positioner?

Yes, if a class action exists for the specific sleep positioner that caused your child’s injury. Class actions typically address similar injuries from identical products. However, for severe injuries or deaths, individual lawsuits often provide better compensation than class actions, as they’re tailored to your specific damages.

4. How long does it take to resolve a sleep positioner lawsuit?

Most sleep positioner lawsuits resolve within 1-3 years. Simple cases with clear liability may settle within 6-12 months, while complex cases involving multiple defendants or severe injuries might take longer. About 90% of these cases settle before reaching trial.

5. Are all types of sleep positioners included in current litigation?

Yes, litigation covers all types of sleep positioners, including wedges, bolsters, nests, anti-roll devices, and positioning cushions. Even products marketed as “SIDS prevention” devices or “therapeutic positioners” fall under the same regulatory warnings and potential liability.

6. What makes a sleep positioner dangerous?

Sleep positioners become dangerous when babies move or roll within them, potentially creating suffocation hazards. The soft materials can conform to an infant’s face, blocking airways. Additionally, straps or positioning features can entrap limbs or restrict chest movement, compromising breathing.

7. Can I still file a claim if the manufacturer went bankrupt?

Yes, you may still have legal options even if the manufacturer is bankrupt. Many companies have insurance policies or established bankruptcy trusts specifically for injury claims. Additionally, retailers, distributors, and other parties in the supply chain may share liability for selling dangerous products.

8. Do I need to pay upfront for a sleep positioner lawsuit?

No. Our firm handles sleep positioner lawsuits on a contingency fee basis, meaning we only collect payment if we secure compensation for you. Initial consultations are free, and we advance all costs associated with investigating and pursuing your claim.

Get A Free Sleep Positioner Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for sleep positioner injuries. Most states only allow 2-3 years from the date of injury to file a claim, and evidence becomes more difficult to preserve as time passes.Our services include:

  • Free, confidential case evaluations
  • Thorough investigation of your claim
  • Access to leading medical experts
  • No upfront costs or fees
  • Payment only when we win your case

Don’t wait until it’s too late to seek justice for your child.

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Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

References:

  1. https://extranet.nichd.nih.gov/nursececourse/Welcome.aspx
  2. https://safetosleep.nichd.nih.gov/reduce-risk/safe-sleep-environment
  3. https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6146a1.htm

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